Significant changes to the H-1B visa lottery process have been announced by the Trump administration on September 23, 2025. These changes could impact how H-1B visas are allocated, especially for employers in the tech industry and those hiring international talent.
Key Highlights of the Proposal:
- Wage-Based Selection: The new system would prioritize H-1B applicants based on how the salary offered compares to the Department of Labor’s wage level offered for the position, rather than the current randomized lottery. Applicants would be assigned to one of four wage bands, determined by Department of Labor surveys.
- Selection Odds: Workers in the highest wage tier (Level 4 Wages) would have four entries in the selection pool, while those in the lowest tier would have only one. This approach aims to favor higher-skilled and higher-paid workers, while still allowing opportunities for all wage levels. Wage levels would be determined based on OES wage levels for SOC codes based on specific geographic locations.
- Legal Challenges Expected: Both the wage-based selection process and the new $100,000 fee are likely to face legal challenges. Previous attempts to prioritize higher wage levels were withdrawn by the previous administration due to concerns about legality and fairness.
What’s Next? The proposed changes are not yet finalized and will have to be published in final form in the Federal Register before they go into effect after this notice and comment period.